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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2014 -001 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF POSSIBLE VIOLATIONS BY GEORGE E. OTTEN, CEASE <br />AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR <br />FAILING TO DELINEATE THE BOUNDARY OF THE AFFECTED AREA, <br />FAILING TO SAFEGUARD THE ADIT, FAILURE TO DISPOSE OF REFUSE IN A <br />MANNER THAT WILL CONTROL UNSIGHTLINESS OR DELETERIOUS <br />EFFECTS, AND FAILING TO POST ADDITIONAL FINANCIAL WARRANTY, <br />File No. M- 1984 -013 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") <br />on January 15, 2014, in Denver, Colorado for a hearing to consider possible <br />violations by George E. Otten ( "Operator "), cease and desist order, corrective actions, <br />and civil penalties for failing to delineate the boundary of the affected area, failing to <br />safeguard the adit, failure to dispose of refuse in a manner that will control <br />unsightliness or deleterious effects, and failure to post additional financial <br />warranty, permit number M- 1984 -013. Michael Cunningham appeared on behalf of <br />the Division of Reclamation, Mining, and Safety ( "Division "). The Operator did not <br />enter an appearance at the hearing. <br />The Board, having considered the parties' presentations and having been <br />otherwise fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator has a 110(2) reclamation permit for a 0.3 -acre gold <br />mining operation located in Section 20, NW 1/ Township 2 South, Range 73 West, <br />Gilpin County, Colorado, permit number M- 1984 -013, known as Mackey Mine. <br />2. On July 22, 2010, the Division inspected the site and found that the <br />boundary of the affected area was not delineated, the adit was not safeguarded, <br />trash was present throughout the site, the financial warranty was inadequate and <br />the site had not been active for several years. <br />3. On August 31, 2010, the Division mailed the Operator a Notice of <br />Financial Warranty Increase. The Division determined that it was necessary to <br />increase the financial warranty from $1,000 to $8,162. <br />